Zheng, et al v. Holder, No. 06-75258 (9th Cir. 2011)
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Petitioner, a native and citizen of China, petitioned for review of two final orders of the Board of Immigration Appeals ("BIA") where the BIA denied him relief under former section 212(c) of the Immigration and Nationality Act ("INA"), 8 U.S.C. 1182(c), and denied him protection under the Convention Against Torture ("CAT"); and where the BIA denied petitioner's motion to reopen his CAT claim based on alleged changed country conditions and refused to sua sponte reopen his application for section 212(c) relief to consider his newly acquired equities. At issue was whether the BIA should have considered petitioner's value and service to the community in assessing all of the relevant concerns bearing on his eligibility under section 212(c) relief. Also at issue was whether the BIA abused its discretion in denying petitioner's motion to reopen his application for CAT relief based on changed country conditions. The court granted the petition for review with respect to petitioner's application of section 212(c) relief and remanded for consideration of all relevant factors where the BIA did not indicate that it had considered petitioner's value and service to the community. The court also held that the BIA did not abuse its discretion in denying petitioner's motion to reopen where the BIA diligently listed all the materials petitioner submitted in support of his application and discussed why the evidence was not persuasive, was speculative, or was of limited relevance.
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